July 15, 2004
Martha, my dear...
According to this CNN report, it only took the obviously efficient US District Judge Miriam Cedarbaum a one-sentence, handwritten note to reject attempts by Martha Stewart's legal team to declare the federal sentencing guidelines unconstitutional. Here's the note, as reported by CNN:
The sentencing guidelines applicable to this case do not require any enhancement by the judge, accordingly, Blakely is not in point.
I am not sufficiently familiar with the details of Martha's prosecution to know if this is a sound legal ruling. But, as suggested here, were Martha being sentenced in the Sixth Circuit, the fact that her case apparently involves no "Blakely factors" might not matter. In any event, I would especially encourage any white-collar practioners to use the comments to discuss whether this is really as simple as Judge Cedarbaum makes it sound.
July 15, 2004 at 07:12 PM | Permalink
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I agree (both with this post and your earlier ones) that whether the Guidelines can ever be applied is apparently a wide open question in the Sixth Circuit. Over at ADS, I actually tried to reconstruct what the trial court had done in order to see whether Montgomery itself involved what we've been referring to as "Blakely issues." I don't think I advanced the discussion any...trying to interpret that opinion is liking trying to read tea leaves--if you're looking at a cup that formerly contained coffee rather than tea. :-)
Posted by: Donald | Jul 15, 2004 10:06:46 PM
I actually tried to reconstruct what the trial court had done in order to see whether Montgomery itself involved what we've been referring to as "Blakely issues."
Posted by: Robe de Soirée 2013 | Dec 12, 2012 10:59:38 PM